Aftab Alam

Supreme Court clarifies conditions for stay on eviction orders during appeals: State of Maharashtra vs. M/s. Super Max International Pvt. Ltd. (27 August 2009)

/ Aftab Alam, B.N. Agrawal, Bombay Rent Act, 1947, Bombay Rent Act, 1947 with Section 13(1)(g), Bombay Rent Act, 1947 with Section 13(3)(a), Eviction Orders, G.S. Singhvi, Judges

Date of the Judgment: 27 August 2009 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: B.N. Agrawal, G.S. Singhvi, Aftab Alam Can a High Court impose conditions, such as requiring a tenant to pay an amount exceeding the contractual rent, for staying an eviction order during the pendency […]

Supreme Court clarifies conditions for stay on eviction orders during appeals: State of Maharashtra vs. M/s. Super Max International Pvt. Ltd. (27 August 2009) Read Post »

Supreme Court Upholds Abolishment of Media Prabhari Post: State of U.P. vs. Diwakar Khare (2008)

/ Abolition of Post, Aftab Alam, Interim Relief, Judges, Service Law, Tarun Chatterjee

Introduction Date of the Judgment: October 03, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Aftab Alam, J. Can a High Court grant interim relief allowing someone to continue in a post that has already been abolished by the government? The Supreme Court of India addressed this critical question in the case of

Supreme Court Upholds Abolishment of Media Prabhari Post: State of U.P. vs. Diwakar Khare (2008) Read Post »

Supreme Court Upholds Conviction in Bribery Case: State of A.P. vs. P. Satyanarayana Murthy (2008)

/ Aftab Alam, Arijit Pasayat, Bribery, Corruption, Criminal Law, Judges, P. Sathasivam, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d)(i), Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 20

Introduction Date of the Judgment: October 3, 2008 Citation: [INSC Citation to be added when available] Judges: Dr. Arijit Pasayat, J., P. Sathasivam, J., Aftab Alam, J. Can a High Court overturn a trial court’s conviction based on a differing view of evidence when a public servant is caught red-handed accepting a bribe? The Supreme

Supreme Court Upholds Conviction in Bribery Case: State of A.P. vs. P. Satyanarayana Murthy (2008) Read Post »

Supreme Court settles procedure for demolition orders by Municipal Corporations: Municipal Corporation, Ludhiana vs. Inderjit Singh (2008)

/ Aftab Alam, Judges, Punjab Municipal Corporation Act, Punjab Municipal Corporation Act with Section 269, Punjab Municipal Corporation Act with Section 270, S.B. Sinha

Introduction Date of the Judgment: October 1, 2008 Judges: S.B. Sinha, J., Aftab Alam, J. Can a municipal corporation demolish a construction without proper notice and opportunity for a hearing? The Supreme Court addressed this critical question in the case of Municipal Corporation, Ludhiana vs. Inderjit Singh, concerning the legality of demolition orders issued by

Supreme Court settles procedure for demolition orders by Municipal Corporations: Municipal Corporation, Ludhiana vs. Inderjit Singh (2008) Read Post »

Supreme Court settles appointment process for Extra Departmental Branch Post Master: T. Jayakumar vs. A. Gopu (2008)

/ Administrative Law, Aftab Alam, Appointment Process, Judges, Scope of Judicial Review, Tarun Chatterjee

Date of the Judgment: September 22, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Aftab Alam, J. When is a delayed application not really delayed? The Supreme Court addressed the complications arising from a candidate’s omission to sign an application for the position of Extra Departmental Branch Post Master (EDBPM) in Kadambadi village.

Supreme Court settles appointment process for Extra Departmental Branch Post Master: T. Jayakumar vs. A. Gopu (2008) Read Post »

Supreme Court sets aside High Court judgment for failing to consider application for additional evidence: Jatinder Singh vs. Mehar Singh (2008)

/ Aftab Alam, Appeals, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 27, Judges, Tarun Chatterjee

Introduction Date of the Judgment: September 19, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. When a party presents additional evidence in a second appeal, is it the duty of the High Court to consider such evidence? The Supreme Court of India addressed this question in a case where the High Court of Punjab and

Supreme Court sets aside High Court judgment for failing to consider application for additional evidence: Jatinder Singh vs. Mehar Singh (2008) Read Post »

Supreme Court Sets Aside High Court Order Due to Violation of Natural Justice: Mariamma Roy vs. Indian Bank (2008)

/ Aftab Alam, Alternative Remedy, High Court Order, Judges, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Tarun Chatterjee, Violation of Natural Justice, Writ Petition

Introduction Date of the Judgment: September 16, 2008 Judges: Justice Tarun Chatterjee, Justice Aftab Alam When is it acceptable for a higher court to intervene, even when other legal avenues are available? The Supreme Court of India addressed this critical question in Mariamma Roy vs. Indian Bank, focusing on the principles of natural justice. The

Supreme Court Sets Aside High Court Order Due to Violation of Natural Justice: Mariamma Roy vs. Indian Bank (2008) Read Post »

Supreme Court Restores Writ Appeal After Condoning Delay: State of Kerala vs. Wilson K.C. (2008)

/ Aftab Alam, Judges, Tarun Chatterjee

Date of the Judgment: September 16, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Aftab Alam, J. In a case concerning procedural delays, the Supreme Court of India addressed the question of whether sufficient cause existed to condone a delay of 116 days in filing a writ appeal. The case, State of Kerala

Supreme Court Restores Writ Appeal After Condoning Delay: State of Kerala vs. Wilson K.C. (2008) Read Post »

Supreme Court settles the bonafide requirement of landlord in eviction petition: Ajit Singh vs. Jit Ram (2008)

/ Aftab Alam, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13(3)(a)(ii), Eviction, Judges, Landlord-Tenant Disputes, Property Law, Tarun Chatterjee

Introduction Date of the Judgment: September 16, 2008 Citation: [2008] INSC 1471 Judges: Tarun Chatterjee, J., Aftab Alam, J. Can a landlord evict a tenant if the property is required for the use of the landlord’s son? The Supreme Court of India addressed this question in a case concerning the interpretation of the East Punjab

Supreme Court settles the bonafide requirement of landlord in eviction petition: Ajit Singh vs. Jit Ram (2008) Read Post »

Supreme Court Limits Insurer’s Liability in Accident Claims: United India Insurance vs. Subbulakshmi (2008)

/ Aftab Alam, Judges, Motor Vehicles Act, 1939, Motor Vehicles Act, 1939 with Section 95(2)(a), Tarun Chatterjee

Introduction Date of the Judgment: September 16, 2008 The Supreme Court of India addressed the extent of an insurance company’s liability in motor accident claims under the Motor Vehicles Act, 1939. This case, United India Insurance Company Ltd. vs. A. N. Subbulakshmi & Ors., arose from a 1981 accident involving a car and a lorry.

Supreme Court Limits Insurer’s Liability in Accident Claims: United India Insurance vs. Subbulakshmi (2008) Read Post »

Supreme Court Upholds Promotion Based on Merit-Cum-Seniority: K.M. Mishra vs. Central Bank of India (2008)

/ Aftab Alam, Judges, Performance Appraisal, Promotion, Service Law, Tarun Chatterjee

Introduction Date of the Judgment: September 16, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. In cases of promotions, can an employee be denied promotion based on performance appraisals? The Supreme Court of India addressed a dispute over promotion to the post of Chief Manager, Rajbhasha in Senior Manager Grade, Scale IV in the Central

Supreme Court Upholds Promotion Based on Merit-Cum-Seniority: K.M. Mishra vs. Central Bank of India (2008) Read Post »

Supreme Court Upholds Eviction Order Under Karnataka Rent Act for Senior Citizen Landlord: K. Puttaraju vs. A. Hanumegowda (2008)

/ Aftab Alam, Judges, Karnataka Rent Act, 1999, Karnataka Rent Act, 1999 with Section 27(2)(r), Karnataka Rent Act, 1999 with Section 31, Tarun Chatterjee

Introduction Date of the Judgment: September 15, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. Can a senior citizen landlord evict a tenant to start a business for their handicapped son? This question was at the heart of a dispute that reached the Supreme Court of India. The Court addressed the interplay between the general

Supreme Court Upholds Eviction Order Under Karnataka Rent Act for Senior Citizen Landlord: K. Puttaraju vs. A. Hanumegowda (2008) Read Post »

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